The Chief lawyer at the Ministry of Foreign Affairs of Serbia, Rodoljub Etinski believes that there is no legal possibility that Serbia takes legal actions for damages caused by bombing in 1999. However, the issue could be resolved in an informal manner, through the economic and other support to our country. “The international community in which we live is not perfect. It is more political than legal community, and there is no possibility to legally compensate the damages,”Etinski said.
However, states that participated in the bombing could, without formal recognition of the responsibilities and obligations on compensation, help to mitigate the consequences of bombing through financial support, or other forms which would improve the economic and social situation in the country. “In this way, the recovery of Serbia could run faster and easier, and on the other hand, the States would satisfy their moral obligation,” said Etinski.
He recalled that the Federal Republic of Yugoslavia (SRJ), in April 1999, initiated proceedings before the International Court of Justice, United Nations body, but the Court declared incompetent, since SRJ, at that time, was not a member of the United Nations. The European Court on Human Rights decided the same way when victims of bombing and their families filed complaints for compensation. “The attempts for initiations of trials before the national courts of the states involved in the bombing were neither successful, while proceedings in our courts are not possible, because the states enjoy immunity,” said Etinski.
On the other hand, professor of the Law faculty, Bojan Milisavljević believes that there is a chance that the Serbia gets compensation, but with the help of international organizations, as in the case of organ trafficking and KLA crimes in Kosovo. “Legal way could be similar to the example of activities related to the organ trafficking in Kosovo – through the Council of Europe, its Rapporteurs and their statements … Now we are close to forming a specialized court which will investigate responsibility for trafficking in organs in Kosovo,” he said.
Through the international organizations the Council of Europe, or the United Nations, we could request the establishment of a special commission that would determine the scope and amount of damage from NATO bombing. The commission should determine the level of radiation, contamination of soil, water and environment, and in general the damage caused, said Professor Milisavljevic.
On the basis of the Commission’s report we could request more active involvement, through the United Nations, and formation of a mixed judicial body only for that case, said Milisavljević, adding that it is a realistic way, achievable in the longer term (5-10 years).
